House of Lords Journal Volume 64: 17 January 1832

Die Martis, 17° Januarii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

Bush et al. v. Locke.

The Answer of Susannah Locke, to the Petition and Appeal of John Bush and Ann his Wife, and Robert Mattock, Devisees under the last Will and Testament of Thomas Southwood Esquire, deceased, was this Day brought in.

White et al. v. Baugh & Beale.

As was also, The Answer of Job Walker Baugh and Thomas Beale, to the Petition and Appeal of Richard White, Francis Jenks Burlton, Vincent Wheeler and James Eysam Graham.

Nicol v. Sir R. W. Vaughan et al.

Also, The Answer of Sir Robert Williams Vaughan Baronet, His Majesty's Attorney General, John Bellenden Ker, John Bulteil, George Finch, Charles Fielding, Heneage Finch, Matilda Fielding, John Drummond and Georgiana Augusta his Wife, Lord Robert Stephen Fitzgerald and Lady Sophia Charlotte his Wife, Georgiana Matilda Drummond, Augusta Sophia Hicks and James Henry Garrety, to the Petition and Appeal of William Nicol, the Administrator of the Goods, Chattels and Credits of George Nicol of Pall Mall, in the County of Middlesex, Bookseller, deceased.

Nottidge & Black v. Prichard.

And also, The Answer of George Prichard, to the Petition and Appeal of William Nottidge and Richard Black.

Abp. Armagh takes the Oaths.

This Day John George Lord Archbishop of Armagh took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lady L. Tollemache v. E. of Coventry et Ux:

Upon reading the Petition and Appeal of Laura Tollemache commonly called Lady Laura Tollemache; complaining of so much of a Decree and Order of the Court of Chancery, of the 22d of November 1830, made in Three certain Causes, in the first of which The Most Noble Aubrey late Duke of St. Albans, an Infant, by his next Friend, was Plaintiff, and The Most Noble Louisa Grace late Duchess of St. Albans, Andrew Berkeley Drummond, John Drummond and Charles Drummond, were Defendants; in the second, The Right Honorable George William Coventry, then Viscount Deerhurst, now Earl of Coventry, and The Right Honorable Lady Mary Deerhurst his Wife, now Countess of Coventry, Administratrix of the Goods and Chattels of the said Aubrey late Duke of St. Albans, an Infant, were Plaintiffs, and Andrew Berkeley Drummond, John Drummond, Charles Drummond, Laura Manners now Lady Laura Tollemache, and The Most Noble William late Duke of St. Albans, were Defendants; and in the last, the said George William Earl of Coventry (then Viscount Deerhurst) and the said Countess (then Lady Mary Deerhurst) his Wife were Plaintiffs, and Lord Amelius Beauclerk, Lord Frederick Beauclerk, Thomas Nettleship and The Most Noble William Aubrey de Vere, now Duke of St. Albans, were Defendants, by Original and Amended Bills, and Bills of Revivor and Supplement, as declares the said Countess of Coventry, as Administratrix of the said late infant Duke, to be entitled to the Goods and Chattels bequeathed by the Will of Lord Vere, and that the same ought to be declared to belong to the Appellant, as the Personal Representative of the said Duke of St. Albans, the Father of the said Infant; and praying, "That the same may be reversed, so far as complained of, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that the said George William Earl of Coventry and Mary Countess of Coventry may be required to answer the said Appeal:"

It is Ordered, That the said Earl and Countess of Coventry may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 31st Day of this instant January; and Service of this Order upon the said Respondents, or upon their Solicitor or Clerk in Court in the said Cause, shall be deemed good Service.

Baker to enter into a Recogce on it.

The House being moved, "That George Leeke Baker of Lincoln's Inn Fields, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Lady Laura Tollemache, on account of her Appeal depending in this House, she residing in the Country:"

The same was agreed to; and Ordered accordingly.

Sir W. F. Eliott et al. v. E. of Minto.

Upon reading the Petition and Appeal of Sir William Francis Eliott Baronet, of Stobs and Wells, and of Sir James Boswell Baronet, of Auchinleck, George Sinclair Esquire, younger, of Ullster, and James Brown, Accountant in Edinburgh, Trustees nominated and appointed by him, for their Interest; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Second Division, dated the 7th Day of July and 14th Day of November 1829; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that The Right Honorable Gilbert Earl of Minto may be required to answer the said Appeal:"

It is Ordered, That the said Gilbert Earl of Minto may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 14th Day of February next; and Service of this Order upon the said Respondent, or upon any One of his known Agents in the Court of Session in Scotland, shall be deemed good Service.

Candy v. Campbell & Stuart.

Upon reading the Petition and Appeal of Charles Candy, complaining of a Decree of the Court of Chancery, of the 26th Day of July last, made in Three certain Causes; in the first of which Robert Campbell, Daniel Stuart, and Caroline Harding an Infant, by the said Robert Campbell her next Friend, were Plaintiffs, and William Harding Clerk, James Weston Harding Clerk, Hugh Maltby Spence Clerk, and Elizabeth his Wife, late Elizabeth Harding Spinster, John Ward Harding and William Harding the younger, Henry Harding and Harriet Harding, Infants, by The Reverend John Spence Clerk, their Guardian; Ann Candy Widow, Francis Candy, Charles Candy and Mary his Wife, Henry Candy, William Wright and Charlotte his Wife, Harriet Wright and Charlotte Wright the younger, William Harding Wright, Infants, by the said Reverend John Spence Clerk, their Guardian; Charlotte Ann Harding, George Candy and Thomas Candy, were Defendants; in the second, Robert Campbell, Daniel Stuart, and Caroline Harding an Infant, by the said Robert Campbell, her next Friend, were Plaintiffs, and Hugh Maltby Spence, James Weston Harding, William Harding and Ann Candy, were Defendants; and in the third, Robert Campbell and Daniel Stuart were Plaintiffs, and James Weston Harding Clerk, William Harding, Hugh Maltby Spence Clerk, John Ward Harding and William Harding the younger, Henry Harding and Harriet Harding, Infants, Ann Candy Widow, Charles Candy and Mary his Wife, William Wright, Charlotte Wright the younger, and William Harding Wright, Infants, George Candy, Thomas Candy, John Pulman and Charlotte Ann his Wife, Louisa Elizabeth Candy, or Elizabeth Louisa Candy, and Pearce Butler, were Defendants, in so far as the same declares that the said Plaintiff Caroline Harding is, under the Will of the Testator, entitled absolutely to the Sum or Legacy of Twenty thousand Pounds Three per Cent. Bank Annuities; and praying, "That the same may be reversed or varied in such Manner as their Lordships shall, in their Wisdom, think meet; and that the said Robert Campbell and Daniel Stuart may be required to answer the said Appeal:"

It is Ordered, That the said Robert Campbell and Daniel Stuart may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 31st Day of this instant January.

Campbell & Hay v. Graham

Upon reading the Petition and Appeal of John Graham Campbell Esquire, and Dame Margaret Hay Widow, late Margaret Campbell Spinster; complaining of Two Orders of the Court of Chancery, of the 8th Day of March 1830 and the 23d Day of August 1831, so far as relates to the Fourth Exception, and the Declarations and Directions made and given relative thereto and consequential thereon; and also so much of the said Order of the 23d Day of August 1831 as relates to the Second and Sixth Exceptions, and the Declarations and Directions relative thereto and consequential thereon; and praying, "That the same may be reversed, so far as complained of, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Graham Esquire may be required to answer the said Appeal:"

It is Ordered, That the said William Graham may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 31st Day of this instant January; and Service of this Order upon the Clerk in Court or Solicitor of the said Respondent shall be deemed good Service.

A. & J. Dixon v. Dixon et al.

Upon reading the Petition and Appeal of Anthony Dixon Esquire, Merchant in Dumbarton, and Joseph Dixon Esquire, Advocate, Member of Parliament for the Dumbarton District of Burghs, Trustees nominated and appointed by the Settlement of the late Jacob Dixon senior, Esquire, of the Dumbarton Glassworks, their Father; complaining of an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 24th of December 1831; and praying, "That the same may be reversed, varied or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Dixon, Mrs. Jane Isabella Dixon or Campbell, Mrs. Mary Dixon or Buchanan, Mrs. Ann Margaret Dixon or Napier, Miss Elizabeth Frances Dixon, Humphrey Walter Campbell, Robert Buchanan, David Napier, Jane Dixon, Elizabeth Dixon and Mrs. Jacob Dixon, may be required to answer the said Appeal:"

It is Ordered, That the said William Dixon, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 14th Day of February next; and Service of this Order upon the said Respondents, or upon any One of their known Agents respectively in the Court of Session in Scotland, shall be deemed good Service.

Clyne v. Manson & Goldie.

Upon reading the Petition and Appeal of David Clyne, Solicitor, Supreme Courts, Edinburgh; complaining of Three Interlocutors of the Lord Ordinary in Scotland, dated 22d November 1828, 13th June 1829 and 19th May 1831; and also of Two Interlocutors of the Lords of Session there, of the Second Division, dated the 30th Day of June and the 22d Day of November 1831; and praying, "That the same may be reversed, varied or altered, so far as complained of, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, may seem meet; and that Alexander Manson, and Archibald Watson Goldie, Writer to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Manson and Archibald Watson Goldie may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 14th Day of February next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Adamson & Watson v. Stormonth et al:

Upon reading the Petition and Appeal of James Adamson, residing in Hanover Street, Edinburgh, and Thomas Watson, now residing at Morningside near Edinburgh, Two of the Trustees named and appointed by the now deceased James Stormonth of Lednathy, Writer in Edinburgh, and also of the said James Adamson, as Disponee of the said James Stormonth; complaining of an Interlocutor of the Lord Ordinary in Scotland, of 11th of March 1830, and also of an Interlocutor of the Lords of Session there, of the Second Division, of the 17th November 1830, in so far "as they may be held, by Construction, Implication or otherwise, to find that the said James Adamson shall be obliged to discount and allow, out of his Fourth Share of the Price of the said Lands of Inverchroskie and Whitefield, the One Half of what he shall recover under the Bond for Two thousand four hundred Pounds granted by the deceased Honorable Allan Maconochie of Meadowbank, and Alexander Maconochie Esquire, his Son, to the said James Stormonth, in consequence of a Conveyance thereof executed by the said deceased James Stormonth on the 16th Day of February 1805, in favor of Charles Stormonth and the Heirs of his Body, and failing them the said James Adamson;" also of an Interlocutor of the Lord Ordinary, dated 8th July last, and also of an Interlocutor of the said Lords of Session, of the Second Division, dated 9th December 1831, in so far as they repel the Petitioners Objections to the Drafts of the Deeds extended and executed by the Parties, and in as far as they do not find, that, in the Event of Mrs. Darling exercising the Power of Division conferred on her by Mr. Stormonth's Trust Settlement of 18th February 1805, before the Deed of Ratification by Ellen Stormonth Darling is delivered to the Defender James Adamson, she is bound to set apart for Ellen Stormonth Darling as much of the Price of the Lands as will be equal to her Claims against the said Defender under Mr. Stormonth's Settlement of 25th August 1812, and also in as far as the said Interlocutors find the Defenders liable to the Pursuers in any Expences, and do not find the Defenders entitled to their Expences; and praying, "That the same may be reversed, varied or altered, in so far as above complained of, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Mrs. Margaret Stormonth or Darling, as One of the surviving and accepting Trustees of the said James Stormonth deceased, and as Administratrix in Law for Helen Stormonth Darling, her youngest Daughter; and the said Jessie Darling or Wilson, and Patrick Wilson her Husband, for his Interest; Catherine Darling, Robert Darling, Peter Darling and Agnes Darling, all for themselves, and as next of Kin of the said Elizabeth Darling deceased, their Sister; and the said James Stormonth Darling, as One of the next of Kin of the said Elizabeth Darling, may be required to answer the said Appeal:"

It is Ordered, That the said Mrs. Margaret Stormonth, and the several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 14th Day of February next; and Service of this Order upon the said Respondents, or upon any One of their known Agents in the Court of Session in Scotland, shall be deemed good Service.

Robertson to enter into a Recogce on it.

The House being moved, "That David Robertson of Great George Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for James Adamson and Thomas Watson, on account of their Appeal depending in this House, they residing in Scotland:"

The same was agreed to; and Ordered accordingly.

Pasteur Leave for a Naturalization Bill:

Upon reading the Petition of Pierre Jaques Adolphe Pasteur, praying Leave to bring in a Bill for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Accordingly, The Earl of Shaftesbury presented to the House a Bill, intituled, "An Act for naturalizing Pierre Jaques Adolphe Pasteur."

The said Bill was read the First Time.

Bush et al. v. Locke, Appellants Petition for Time for their Case, referred to Appeal Com ee.

Upon reading the Petition of John Bush, and others, Appellants in a Cause depending in this House, to which Susannah Locke is Repondent; praying, "That their Lordships will be pleased to grant to the Petitioners a Month's further Time to lay their printed Case upon their Lordships Table:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

White et al. v. Baugh & Beale, Appellants Petition for Time for their Case, referred to Appeal Com ee.

Upon reading the Petition of Richard White, and others, Appellants in a Cause depending in this House, to which Job Walker Baugh and Thomas Beale are Respondents; praying their Lordships "to extend the Time for lodging their printed Cases in their Appeal, and that they may be ordered to have Six Weeks further Time for that Purpose:"

It is Ordered, That the said Petition be referred to the Appeal Committee.

Nicol v. Sir R. W. Vaughan et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein William Nicol is Appellant, and Sir Robert Williams Vaughan, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the first vacant Day for Causes after those already appointed.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Wallbeoff's Divorce Bill, Proceedings of the Judges at Ceylon, delivered.

The Lord Chancellor laid upon the Table of the House, Proceedings of the Judges of the Supreme Court of Judicature at Ceylon on the Bill, intituled, "An Act to dissolve the Marriage of John Wallbeoff with Adriana Cornelia his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," transmitted to his Lordship from the said Judges, pursuant to the Directions of an Act passed in the First Year of the Reign of His late Majesty, intituled, "An Act to enable the Examination of Witnesses to be taken in India in support of Bills of Divorce on account of Adultery committed in India."

Ordered, That the said Proceedings do lie on the Table.

Ordered, That the said Proceedings be printed.

Slane Peerage, Leave to G. Bryan to lodge an additional Case:

Upon reading the Petition of George Bryan of Jenkinstown, in the County of Kilkenny, Esquire, claiming to be Lord Baron of Slane in that Part of the United Kingdom called Ireland; praying their Lordships, "That he may be at liberty to lay on the Table of the House the Prints of his additional Case, for the Purpose of showing explicitly the Grounds upon which his Claim is founded; and that he may be permitted to prove the same by further Evidence before their Lordships:"

It is Ordered, That the said George Bryan be at liberty to lay on the Table of this House the Prints of his additional Case, as desired.

Com ee to meet.

Ordered, That the Committee for Privileges, to whom the Petition of George Bryan of Jenkinstown, in the County of Kilkenny, Esquire, to His Majesty, praying, "That his Claim to the Barony of Slane may be referred to The House of Peers, to report whether the said Title be or be not a Barony in Fee by Writ of Summons, descendible to Heirs General, and whether the same is or is not now in Abeyance between Edward Lord Dunsany and the Petitioner," together with His Majesty's Reference thereof to this House, and the Report of the Attorney General thereunto annexed; also the Petition of Henry Fleming of the City of Dublin; also the Petition of James Stewart Fleming of Belville, in the County of Cavan, in Ireland, Esquire, late a Captain in His Majesty's Army; and also the Petition of James Fleming of Monkstown, in the County of Dublin, Esquire, in relation to the said Claim, stand referred, do meet to consider further of the said Claim on Friday the 27th of this instant January; and that Notice thereof be given to His Majesty's Attorney General for England, and also to His Majesty's Attorney and Solicitor General for Ireland.

Foreign Gloves, Petition from Milborne-Port against Importation of.

Upon reading the Petition of the Glove Manufacturers of Milborne-Port, in the County of Somerset, whose Names are thereunto subscribed; praying their Lordships to prohibit the Importation of Foreign Gloves:"

It is Ordered, That the said Petition do lie on the Table.

Turnpike Roads, (England,) Returns respecting, Ordered.

Ordered, That the several Clerks of the Peace in England do lay before this House, "A Copy of the Receipt and Expenditure of all Turnpike Roads that were transmitted to their respective Offices for the Year ending Michaelmas 1829; with the Name and Place of Abode of the Clerks of each such Turnpike Road."

Ordered, That the several Clerks of the Peace in England do lay before this House, "A Return to the following Questions, to be obtained by them from the Clerks of the several Turnpike Roads:

Ordered, That the several Clerks of the Peace in England do lay before this House, "A Return to the following Questions, to be obtained by them from the Surveyors of the several Turnpike Roads, and made in the following Form:

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum nonum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.